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Biden administration wins reprieve in fixing Endangered Species Act flaws

November 17, 2022 — The Biden administration can reevaluate changes made by the previous administration to the Endangered Species Act without at the same time fighting a trio of lawsuits by environmentalists and state and local governments that challenged the 2019 overhaul of the law.

U.S. District Judge Jon Tigar in Oakland on Wednesday granted the requests by the U.S. Fish and Wildlife Service and National Marine Fisheries Service to send the 2019 changes back to them for further reconsideration. The judge left the changes to the ESA intact, saying he couldn’t vacate them without having first ruled on the merits of the environmentalists’ claims.

The Center for Biological Diversity and other environmental organization sued in 2019 after the Trump administration weakened several provision of the ESA such as not automatically extending protections against killing, harassing, harming or collecting threatened species as well as endangered species.

Read the full article at Courthouse News

America’s Fishing Industry Is Getting Caught Up in the Trade War

July 20, 2022 — The American fishing industry is caught in the middle of the ongoing trade war between the U.S. and China—hooked by tariffs imposed on both sides of the Pacific.

As a result, U.S. exports of seafood have fallen to their lowest levels in a decade. That’s in large part due to the tariffs that have made the industry “less competitive and less affordable,” according to a filing by the National Fisheries Institute, an industry group, to the International Trade Commission (USITC) ahead of a hearing scheduled to take place on Thursday.

When the Trump administration imposed those tariffs in 2018, lawmakers from states with large fishing industries sounded the alarm but were ignored. “It has clearly rattled my state,” Sen. Lisa Murkowski (R–Alaska) said in a 2018 Senate hearing exchange with then-U.S. Trade Representative Robert Lighthizer. “​​Our seafood industry is the number one private industry in terms of the jobs and the economic opportunity it brings.”

Tariffs on seafood have hit Alaska in particular, Alaska’s fishing industry generates over $5 billion dollars in economic activity and creates nearly 70,000 jobs in the state, making it a vital lifeline for the state. Over 40 percent of U.S.-caught Alaskan salmon and one-third of all seafood from Alaska is exported to China each year. Much of it is processed in China and then re-imported to the United States for sale in grocery stores.

Read the full article at Reason

 

Meet the officials shaping Biden’s offshore energy strategy

July 14, 2022 — A climate activist, mineral economist and former Army Corps regional director are among the officials crafting President Joe Biden’s closely watched strategy for offshore energy, which could shape the direction of renewables and oil drilling for years.

Working in and around the Interior Department’s Bureau of Ocean Energy Management, they are helping steer the Biden administration’s approach to offshore oil and gas leasing and its ambitious plans to transition the nation’s oceans toward clean energy at a pivotal moment for both.

Previously focused on managing the oil industry’s access to federal stores of crude and natural gas off the nation’s coasts, BOEM is in the throes of an internal transition to meet this political moment. Its current crew of leaders reflects a unique period in the 11-year-old agency’s history and the varied nature of its growing responsibilities.

Interior and the bureau recently released a draft five-year oil program that could lead to 11 offshore oil auctions in the coming years, potentially jettisoning Biden’s lofty campaign promise to end new leasing. But the Biden administration’s proposal also suggested the possibility of going in a different direction, holding zero new lease sales between 2023 and 2028 in what would be an epic shift for the offshore oil sector.

The new bureau took over the leasing responsibility of offshore energy, while other agencies were crafted to handle the money coming from oil royalties and fees and the day-to-day safety and environmental oversight of offshore drilling.

Last month, BOEM announced that James Bennett, its long-standing chief of the office of renewable programs, has moved to a new, ambiguous role within the renewables arena at BOEM that has led to some speculation in the offshore wind industry that the Interior bureaucrat who built BOEM’s renewables approach may soon leave the agency.

Other relative newcomers to the bureau with critical roles include Marissa Knodel, an adviser in a political liaison position that’s long existed at BOEM and operates out of the public eye. She is one of the BOEM cohorts working directly with the White House to align bureau actions with Biden’s political realities.

Another less visible figure critical in BOEM’s direction is Tommy Beaudreau, the Interior deputy secretary who is second in command at the department under Interior Secretary Deb Haaland.

It was during Beaudreau’s tenure that BOEM first got serious about offshore wind and held its first offshore wind auctions in 2013. But it may be his oil and gas bona fides that matter most as the administration navigates its five-year offshore oil plan. He led BOEM in the years leading up to the last five-year plan and was involved in the consideration of shifting from regionwide oil and gas auctions in the Gulf of Mexico to the Gulf-wide sales — a flip often associated with the Trump administration.

Read the full story at E&E News

Trump Said to Advance Seismic Surveys for Oil in Atlantic

November 30, 2018 — The Trump administration is taking a major step toward allowing a first-in-a-generation seismic search for oil and gas under Atlantic waters, despite protests that the geological tests involve loud air gun blasts that will harm whales, dolphins and other animals.

The National Marine Fisheries Service is set to issue “incidental harassment authorizations” allowing seismic surveys proposed by five companies that permits them to disturb marine mammals that are otherwise protected by federal law, according to three people familiar with the activity who asked not to be named before a formal announcement.

The firms, including TGS-NOPEC Geophysical Co. Asa and Schlumberger Ltd. subsidiary WesternGeco Ltd., still must win individual permits from the Interior Department’s Bureau of Ocean Energy Management before they can conduct the work, but those are widely expected under President Donald Trump, who has made “energy dominance” a signature goal.

Read the full story at Bloomberg

 

ALASKA: Next steps to protect the industry from Pebble Mine

November 19, 2018 — Stakeholders in Alaska’s Bristol Bay have watched the federal and state regulatory landscape heave and buckle with the shifting sands of federal oversight.

Fishermen invested in other watersheds threatened by mining waste and potential mine development have watched this battle, as well. But the lessons to be learned shift at every turn. Join me and a panel of insiders on Monday at Pacific Marine Expo for a public meeting on Pebble Mine, where we will discuss next steps for the industry.

The Trump administration breathed life back into the prospects for Pebble Mine.

Pebble CEO Tom Collier wasted no time in penning a January 2017 editorial praising his company’s efforts to address the concerns of Alaska residents, the thousands of fishermen who make their living in the shadow of the potential mine and its caustic byproducts, and the millions of consumers who rely on Bristol Bay’s pristine rivers to welcome back the world’s largest wild salmon run year after year.

Read the full story at National Fisherman

Washington’s Cantwell on the coast to fight offshore oil plan

February 6, 2018 — WESTPORT, Wash. — U.S. Sen. Maria Cantwell (D-WA) met with local fishermen, small business owners and other local leaders in Westport on Saturday to “discuss the negative impacts of the Trump Administration’s proposed offshore drilling plan on local jobs and the economy.”

Among those attending were Westport Mayor Rob Bearden, Al Carter of Ocean Gold Fish Processing, Hillary Bearden and Larry Thevik of the Washington Dungeness Crab Fishermen’s Association, Mark Ballo of Brady’s Oysters, Greg Mueller of the Washington Trollers Association, Mike Cornman of Wesport Seafoods, Jonathan Sawin, representing charter boat operations, as well as local business operators Sarah McWhelan, Adrienne Jones, and Port of Grays Harbor representative Molly Bold.

“Our coastal economy, and specifically our maritime fishing economy is so important to our state,” Cantwell said in opening remarks. “That’s why we’re here, because we want to do everything we can to help it grow and to protect it.”

In a letter earlier this week, Cantwell led a bipartisan group of 16 lawmakers from the Pacific Northwest to call on Interior Secretary Ryan Zinke to remove the Washington/Oregon planning area from the National Outer Continental Shelf (OCS) Oil and Gas Leasing Program for 2019-2014. Zinke in January announced the National OCS Program for 2019-2024, which proposes to make over 90 percent of the total OCS acreage and more than 98 percent of undiscovered, technically recoverable oil and gas resources in federal offshore areas available to consider for future exploration and development.

By comparison, the current program puts 94 percent of the OCS off limits. In addition, the new program proposes the largest number of lease sales in U.S. history.

Cantwell has been a leading opponent of the new policy: “Oil drilling and exploration off the Pacific Northwest coastline, or an oil spill from drilling anywhere along the Pacific Coast, poses threats to the fishing, shellfish, and tourism industries at the heart of Washington’s economy,” Cantwell said “The maritime economy in Washington contributes $50 billion dollars to the state economy and supports 191,000 jobs in the state. Other states along the Pacific coast similarly rely on their maritime industries for significant economic output.”

Cantwell told the Westport group she couldn’t understand why the current proposal was made, since oil and gas exploration off the Washington coast has “been considered before and has been rejected.”

Late Sunday, a Bureau of Ocean Energy Management public meeting and citizens forum on the proposal that had been scheduled in Tacoma at the Landmark Catering and Convention Center was abruptly cancelled by what was said to be a “credible threat.”

A news conference — that included Gov. Jay Inslee, Mayor Crystal Dingler of Ocean Shores, Gina James of the Quinault Indian Nation, state Attorney General Bob Ferguson, Commissioner of Public Lands Hillary Franz, and Thevik among the speakers — was moved to Olympia as a result.

Inslee and Dingler both cited the Nestucca oil barge collision of 1988, when 2.8 million gallons of Bunker C oil were spilled near the entrance of Grays Harbor. Inslee noted 4 million tourists visited the state’s beaches last year.

“Oil and gas drilling and the risk it poses — the inevitable risk — is unacceptable for some of the best beaches in the world,” Inslee said.

Dingler noted how the Ocean Shores Convention Center became a marine bird rescue center for oil-soaked birds after the Nestucca incident.

“Despite people’s efforts, we were able to save very few of them,” Dingler said, urging opposition to the drilling and exploration proposal “on behalf of a clean and healthy ocean, which powers our economy and is the bedrock of our way of life.”

The bureau is accepting public comments on the plan through March 9, and Cantwell has made the case for opposition in similar gatherings in Seattle and Vancouver.

“We have tried to prepare what is a response to this proposal in encouraging our various organizations in the state to communicate to the Secretary of Interior that this is a bad idea,” Cantwell said. “But unfortunately, they have continued to move forward.”

“W’re concerned about all sorts of issues,” Cantwell told the Westport group. “We’re concerned about the incidents of oil spills that we know have happened.” She also listed concerns about future earthquakes and tsunamis off the coast.

Mayor Bearden noted Westport late last month passed a resolution opposed to any coastal oil and gas drilling, similar to a resolution also adopted by the city of Ocean Shores.

“I think Westport would turn into a ghost town if we had some drilling and there was a spill,” Bearden predicted. He said mayors of several other Grays Harbor communities were considering similar resolutions.

So many local businesses depend on fishing and the marine environment, Bearden said, noting Westport is the top-producing fishing port on the West Coast and No. 10 nationally for production.

“People would not come, there would be no work” if there was an oil mishap on the coast, he said.

Carter of Ocean Gold, said his company provides about 600 jobs a year locally, with more than a dozen independent boats fishing for the enterprise.

Read the full story at the Daily World 

 

Opponents, supporters react to Trump’s offshore drilling plan

February 6, 2018 — Environmentalists, fishermen, and state governments are signaling their opposition to the Trump administration’s proposed plan to reopen the ocean off Cape Cod and New England to oil and gas exploration.

“We are skeptical of anything the Trump Administration is doing in the marine environment or anything they are proposing to do,” said Conservation Law Foundation Vice President Priscilla Brooks.

A 2016 Bureau of Ocean Energy Management report estimated nearly 90 billion barrels of recoverable oil and 327 trillion tons of natural gas existed in mostly unexplored areas of the U.S. continental shelf. The new push for fossil fuel exploration and recovery was announced Jan. 4 with the unveiling of the Bureau of Ocean Energy Management’s Draft Five Year Outer Continental Shelf Oil and Gas Leasing Program. It is part of President Donald Trump’s campaign pledge to make the U.S. more energy independent.

Currently, offshore fossil fuel exploration is controlled by a BOEM plan finalized near the end of the Obama presidency. Obama invoked a 1953 law, the Outer Continental Shelf Lands Act, to give what he said would be permanent protection from drilling to the continental shelf from Virginia to Maine.

But there were doubts that Obama’s use of the 1953 law would hold up in court, and the new plan is meant to replace the current one. International Association of Drilling Contractors President Jason McFarland hailed the inclusion of the Atlantic, Pacific, Arctic and an expansion of Gulf of Mexico drilling areas as an important step in achieving the goal of U.S. energy dominance in the world.

“IADC has long argued for access to areas that hold potential for oil and gas development,” McFarland wrote in comments last month, citing a U.S. Energy Information Administration estimate of a 48 percent growth in worldwide energy demand over the next 20 years. “The number and scale of the recoverable resources is large, and can lead to thousands of new jobs and billions of dollars in investment.”

But the Massachusetts Lobstermen’s Association and the various fishermen’s associations have panned the proposal. Last week, the New England Fishery Management Council approved a comment letter to BOEM that requested Mid-Atlantic and Northern Atlantic lease areas be excluded from the exploration and drilling.

Read the full story at the Cape Cod Times

 

Trump team may have broken law to score red snapper win

December 19, 2017 — The Trump administration scored last week when a House panel voted to give Gulf of Mexico states more power in managing the popular red snapper, but court records suggest it may be a tainted victory.

Internal memos show that Commerce Secretary Wilbur Ross and a top adviser may have knowingly violated federal fisheries law in June when they extended the Gulf red snapper season, hoping the move would pressure Congress to act.

In a June 1 memo, Earl Comstock, the Commerce Department’s director of policy and strategic planning, told Ross that a longer season “would result in overfishing” of the stock by as much as 40 percent and possibly prompt a lawsuit.

But Comstock urged Ross to extend the season anyway, saying it could lead to “a significant achievement” by forcing Congress to liberalize the federal law and transfer more authority to Gulf states.

“It would allow a reset in the acrimonious relationship and set the stage for Congress to adopt a long-term fix,” Comstock told Ross.

Comstock followed up with a second memo on June 7, reminding his boss that both the White House and a dozen congressmen from Gulf states had asked Ross to explore the possibility of a longer fishing season.

The next week, Ross decided to extend the season from three to 42 days, much to the joy of recreational anglers in Florida, Texas, Louisiana, Mississippi and Alabama (Greenwire, Sept. 20).

Critics say the memos offer proof that Commerce and NOAA Fisheries plotted to bypass the Magnuson-Stevens Fishery Conservation and Management Act, a 1976 law that sets quotas as a way to rebuild overfished stocks, including the red snapper.

“I appreciate it when people are transparent about their intentions,” said Janis Searles Jones, the CEO of Ocean Conservancy, a nonprofit environmental group.

Commerce made the memos public as part of its response to a lawsuit filed in July in U.S. District Court in Washington by Ocean Conservancy and the Environmental Defense Fund. The complaint accuses Ross, NOAA and NOAA Fisheries of mismanagement by allowing overfishing.

Read the full story at E&E News

 

Barry Myers, Trump’s pick to run NOAA, declares humans are main cause of climate change

November 29, 2017 — In his Senate confirmation hearing Wednesday morning, Barry Myers, President Trump’s choice to run the National Oceanic and Atmospheric Administration, said he agrees humans are the primary driver of recent climate change.

Myers’s unambiguous acceptance of the human role in climate change marks a clean break from other members of the Trump administration, including Environmental Protection Agency Administrator Scott Pruitt, Energy Secretary Rick Perry, and Trump himself — all of whom have questioned the extent of human contributions.

Myers, the chief executive of the private weather forecasting company AccuWeather, was first questioned about human contributions to climate change by Sen. Edward J. Markey (D-Mass). Markey asked Myers if he agreed with the climate science report released by 13 federal agencies earlier this month which stated it is “extremely likely” human activities are the dominant cause of recent climate warming. “I have no reason to disagree with the reports,” Myers said.

Markey pressed Myers further. “So you agree humans are the main cause of climate change?” he asked. Myers responded, “Yes.”

In a written response to questioning from Sen. Bill Nelson (D-Fla.), Myers also said he accepted the federal report and a supportive statement from the American Meteorological Society “as the current state of the articulated science.”

Despite these authoritative reports, efforts to publicize climate change science research findings have been undermined at a number of federal agencies, probably reflecting the dismissive stance of their leadership. The EPA, for example, took down its climate change website and blocked researchers from presenting scientific results at a recent conference.

Read the full story at the Washington Post

 

Agency says US, Canada fall short on protecting Great Lakes

November 29, 2017 — TRAVERSE CITY, Mich. — Despite recent improvements, the U.S. and Canada have a long way to go toward ridding the Great Lakes of pollution that endangers human health and the environment, an advisory agency said Tuesday.

Inadequately treated sewage, industrial chemicals and farm runoff are still flowing into the five lakes that provide drinking water for about 40 million people, the International Joint Commission said in its first checkup report since both nations last updated the Great Lakes Water Quality Agreement in 2012.

The report calls for improving drinking water and sewage treatment facilities, and strengthening clean-water regulations, particularly limits on phosphorus runoff that is largely responsible for explosive growth of harmful algae in Lake Erie. Agencies also should work faster to identify newer types of contamination, such as fire retardant chemicals, and develop strategies for limiting them, the report says.

“While significant progress has been made to restore and protect the lakes, the governments of Canada and the United States and Great Lakes civil society as a whole are living with the costly consequences of past failures to anticipate and prevent environmental problems,” the report says. “By now, it should be clear that prevention makes environmental, economic and common sense.”

Read the full story from the Associated Press at the New Jersey Herald

 

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